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Poster: guyzilla Date: Nov 6, 2010 12:44am
Forum: feature_films Subject: More Copyrighted Stuff

I found these items doing a quick search of Community Video, and for the most part, these are just what came in TODAY. I've noticed this has been going on for a couple of months now, and this is not the first time I've tried to bring this to the attention of the Achive. Take a look at the examples below and you'll see what I mean.

Like I said, this is only what came in today, and it's probable that I may have missed a few. I worry about the possibility that the Archive may be shut down soon if staff doesn't take stronger action on this matter. Don't think it can happen? Dig this: Limewire JUST GOT SHUT DOWN RECENTLY, after blatantly making this material available for download for YEARS. If something isn't done soon, this site will be shut down. It's not a question of "if", but "when". Now, I don't claim to be as knowledgeable as Video Cellar, Moongleam, or billbarstad, but if I can see this coming, why can't staff?

This post was modified by guyzilla on 2010-11-06 07:44:39

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Nov 6, 2010 4:06am
Forum: feature_films Subject: Re: More Copyrighted Stuff

IA is protected by the safe harbour provisions of the DMCA. As long as they respond in a timely manner to takedown notices they are largely protected against liability caused by their users.

Recently, federal court ruled that YouTube is not responsible for the copyright infringements of its users because it is following the DMCA guidelines to the letter. Its fairly unlikely than another media company would waste their time and money on suing a digital library following Viacom's case against Youtube.

It is probably not a major problem that this stuff hangs around for a little while (or even as long as it takes for a takedown notice) as IA can not be held responsible for the uploader's actions. It looks untidy, especially if they end up in the collections (because it leads to confusion for downloaders as to whether the film is actually PD). The only people who could be held liable are the uploaders and, possibly, anyone who downloads the item (but I don't know if that can be tracked).

This post was modified by Video-Cellar on 2010-11-06 11:06:11

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Poster: guyzilla Date: Nov 6, 2010 12:03pm
Forum: feature_films Subject: Re: More Copyrighted Stuff

OK, you pointed out that the Archive has some protection. Thanks for making me aware of that. As long as they take down this material in a timely manner they have their tails covered, that relieves a lot of my concern. I do hold the uploaders of the above mentioned material mostly responsible because for the most part, they know what they are doing is wrong and don't care. As far as some guy putting up an old movie thinking it belongs here and it turns out to be copyright, that's another thing altogether. I can excuse that kind of ignorance as I have been guilty of it myself from time to time. But guys like egfire really irritate me because they know well enough that what they are doing is wrong be cause they are disguising their uploads with a false title.

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Poster: abisynthe Date: Nov 6, 2010 2:06am
Forum: feature_films Subject: Re: More Copyrighted Stuff

It seems to me like the IA really tries to police it's archive pretty well. The IA is certainly not piratebay. I have pointed out some copyrighted materials in the archive, and they have been removed.

There has been a good deal of copyfraud in DMCA takedowns as well.

I think you would find a hell of a lot more material with copyright problems on YouTube or Google video.

Of course, you cannot rely on the Internet Archive or anyone else to determine the legal status of any material offered.

It's obvious that the rare examples you have provided will be removed in due course.

In order for anyone to take action against the IA, you'd have to prove that it's an intentional instrument for piracy.

I think IA proves itself to be anything but that.

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Poster: guyzilla Date: Nov 6, 2010 11:31am
Forum: feature_films Subject: Re: More Copyrighted Stuff

You have a good point there, but I find this stuff isn't as rare a s all that. The examples I posted are just the more obvious ones. Others that get posted are diguised by giving them titles like "egfire" or some random grouping of letters like "ghghgh" or something like that. The plus side is the items are rarely moved into collections so they become lost in the vast sea of items in Community Video, not gone but forgotten for the most part. My concern is the fact that, before I dicovered the archive, I found quite a few sites in the past that I used to spend a lot of time browsing on that no longer exist today. The difference is between this and those other sites is this one has actually inspired me to contribute, as well as the forums here. I'd really hate to lose that since this is where I spend most of my time online.

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Poster: abisynthe Date: Nov 6, 2010 1:05pm
Forum: feature_films Subject: Re: More Copyrighted Stuff

Cryptic titles for submitted materials isn't going to result in any widespread distribution of copyrighted materials.

I know the Internet Archive does more to police itself than to simply respond to DMCA notices. Misuse of IA resources is going to happen. Misuse of every internet resource is going to happen.

Report violations even if you are not entitled to make a DMCA claim. IA does take care of these problems. They take care of these problems more than they are required to under the law.

One thing is certain. IA operates in good faith.